¶1In his motion for postconviction relief, appellant claims that his trial counsel was ineffective for failing to investigate and present a voluntary intoxication defense. Because the record does not conclusively refute this allegation, we reverse for an evidentiary hearing on the issue. See Kijewski v. State, 831 So.2d 757 (Fla. 4th DCA 2002).
891 So. 2d 1213
Sneed v. State
District Court of Appeal of Florida
Decided February 2, 2005
District Court of Appeal of Florida · decided 2005-02-02
Relies on 831 So. 2d 757 - Kijewski v. State
Decided 2005-02-02